53 Amendments of Isabelle DURANT related to 2013/0029(COD)
Amendment 55 #
Proposal for a directive
Recital 6
Recital 6
Amendment 66 #
Proposal for a directive
Recital 8
Recital 8
Amendment 76 #
Proposal for a directive
Recital 9
Recital 9
Amendment 88 #
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational or decision-making independence for the infrastructure manager or, failing all of the former, legal, organisational and decision-making independence for the essential functions. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as one of these three categories of independence areis ensured. Concerning the decision-making independence it must be ensured that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for and it is necessary to give extensive powers to regulatory bodies to allow them to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operation is the mostan effective measure to solve these problems but it brings along increased transaction costs, synergy losses and a misalignment of objectives, which can lead to poorer services at higher costs.
Amendment 89 #
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational or decision-making independence for the infrastructure manager or, failing all of the former, legal, organisational and decision-making independence for the essential functions. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as one of these three categories of independence areis ensured. Concerning the decision-making independence it must be ensured that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for and it is necessary to give extensive powers to regulatory bodies to allow them to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operation is the mostan effective measure to solve these problems but it brings along increased transaction costs, synergy losses and a misalignment of objectives, which can lead to poorer services at higher costs.
Amendment 157 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 – point 2
Article 3 – point 2
Amendment 166 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Amendment 175 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3– point 31 – indent 3
Article 3– point 31 – indent 3
- one or several railway undertakings are owned or partly owned by an infrastructure manager and where one or more of these railway undertakings use all or parts of the infrastructure managed by this infrastructure manager.
Amendment 187 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Amendment 258 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 1
Article 7 a – paragraph 1
Amendment 262 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 2
Article 7 a – paragraph 2
Amendment 270 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 3
Article 7 a – paragraph 3
3. The infrastructure manager's incomes may not be used in order to finance other legal entities within the vertically integrated undertaking but only in order to finance the business of the infrastructure manager and to pay dividends to the ultimate owner of the vertically integrated company. The infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking, and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager. Any. Any loans or services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking, and these debts shall be serviced separately. The accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking.
Amendment 290 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 1
Article 7 b – paragraph 1
Amendment 295 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b– paragraph 2
Article 7 b– paragraph 2
Amendment 307 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3
Article 7 b – paragraph 3
Amendment 322 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 4
Article 7 b – paragraph 4
Amendment 330 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 5
Article 7 b – paragraph 5
Amendment 338 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 6
Article 7 b – paragraph 6
Amendment 345 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 7
Article 7 b – paragraph 7
Amendment 352 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c
Article 7 c
Amendment 389 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 1
Article 7 d – paragraph 1
1. Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager and, where appropriate, to the charging body and allocation body referred to in Article 7, paragraph 2, known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services and, where relevant, regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.
Amendment 391 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 1
Article 7 d – paragraph 1
1. Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager, and where relevant to the charging and capacity allocation bodies under Article 7(2), known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services and, where relevant, of railway sector workers and regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.
Amendment 396 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7d – paragraph 2 – subparagraph 1 – point (d)
Article 7d – paragraph 2 – subparagraph 1 – point (d)
(d) the charging framework and rules set by the State and the charging scheme established by the infrastructure manager or by the charging body in accordance with Article 29 and the level and structure of infrastructure charges;
Amendment 397 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 1 – point (d)
Article 7 d – paragraph 2 – subparagraph 1 – point (d)
(d) the charging framework and rules set by the State and the charging scheme established by the infrastructure manager or the charging body in accordance with Article 29 and the level and structure of infrastructure charges;
Amendment 409 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 3
Article 7 d – paragraph 3
3. The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings which shall be at least quarterly. A report of the Coordination Committee's discussions shall be submitted annually to the infrastructure manager, and, where appropriate, the charging body and the allocation body, as well as to the Member State, the regulatory body concerned and the Commission with an indication of the respective positions taken by the Committee members.
Amendment 410 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 3
Article 7 d – paragraph 3
3. The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings which shall be at least quarterly. A report of the Coordination Committee’s discussions shall be submitted annually to the infrastructure manager, and, where appropriate, the charging body and the train path allocating body, and to the Member State, the regulatory body concerned and the Commission with an indication of the respective positions taken by the Committee members.
Amendment 426 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 2
Article 7 e – paragraph 1 – subparagraph 2
The Commission shall be a member of the Network. It shall coordinate and support the work of the Network and make recommendations to the Network, as appropriate. It shall ensure the active cooperation of the appropriate infrastructure managers and, where appropriate, charging bodies and allocation bodies.
Amendment 433 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 2
Article 7 e – paragraph 2
2. The Network shall participate in the market monitoring activities referred to in Article 15 and benchmark the efficiency and effectiveness of infrastructure managers on the basis of common indicators and quality criteria, such as the reliability, capacity, availability, punctuality and safety of their networks, asset quality and utilisation, maintenance, renewals, enhancements, investments and financial efficiency.
Amendment 434 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 2
Article 7 e – paragraph 2
2. The Network shall participate in the market monitoring activities referred to in Article 15 and benchmark the efficiency and effectiveness of infrastructure managers on the basis of common indicators and quality criteria, such as the reliability, capacity, availability, punctuality and safety of their networks, asset quality and utilisation, maintenance, renewals, enhancements, investments and financial efficiency.
Amendment 453 #
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2012/34/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10(2) to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromiseaffect the economic equilibrium of the public service contract or contracts in question or compromise the quality of the service provided.
Amendment 463 #
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
article 11 – paragraph 2 – subparagraph 1
article 11 – paragraph 2 – subparagraph 1
Amendment 470 #
Proposal for a directive
Article 1 – point 6 – point c
Article 1 – point 6 – point c
Directive 2012/34/EU
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
In case the regulatory body decides that the economic equilibrium of a public contract would be compromisor the quality of the service provided would be affected by the intended passenger service referred to in Article 38(4), it shall indicate to the extent that this is feasible possible changes to such service which would ensure that the conditions to grant the right of access provided for in Article 10(2) are met.
Amendment 488 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of network, timetable and train traffic information, tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that its costs are shared equitably amongst all benefiting railway undertakings, based on their respective contributions to and benefits from the scheme, that it does not create market distortion or discriminate between railway undertakings and that it is managed by an independent public or private legal entity or, by one of the concerned railway undertakings or by an association of all railway undertakings operating passenger services.
Amendment 490 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, and at the latest one year after the entry into force of this Directive, Member States mayshall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. IfWhen such a scheme is established, Member States shall ensure that it is interoperable and can be integrated into other national or European schemes, that it does not create market distortion or discriminate between railway undertakings and that it is managed by an independent public or private legal entity or an association of all railway undertakings operating passenger services. Member States shall also ensure that the costs of such a scheme are divided fairly among the participating railway undertakings, on the basis of their respective contributions and the benefits they gain from it.
Amendment 494 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Member States shall require railway undertakings operating passenger services to put in place and coordinate, on a commercial basis and under the supervision of the regulatory body, contingency plans to provide assistance to passengers, in the sense of Article 18 of Regulation (EC) No 1371/2007, in the event of a major disruption to services.
Amendment 495 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Member States shall require railway undertakings operating passenger services to put in place and coordinate, on a commercial basis and subject to scrutiny by the supervisory body, contingency plans to provide assistance to passengers, in the sense of Article 18 of Regulation (EC) No 1371/2007, in the event of a major disruption to services.
Amendment 503 #
Proposal for a directive
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Directive 2012/34/EU
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
7a. In Article 29, paragraph 1, subparagraph 2 is replaced by the following: "Subject to that condition, Member States shall establish specific charging rules or delegate such powers to the infrastructure manager or to the charging body".
Amendment 504 #
Proposal for a directive
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Directive 2012/34/EU
Article 29 – paragraph 1- subparagraph 2
Article 29 – paragraph 1- subparagraph 2
7b. In Article 29, paragraph 1, subparagraph 2 is replaced by the following: "Subject to that condition, Member States shall establish specific charging rules or delegate such powers to the infrastructure manager or to the charging body".
Amendment 506 #
Proposal for a directive
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Directive 2012/34/EU
Article 31 - paragraphs 7 and 8
Article 31 - paragraphs 7 and 8
7b. Article 31 is amended as follows: (a) Paragraph 7 is replaced by the following: "7. The charge imposed for track access within service facilities referred to in point 2 of Annex II, and the supply of services in such facilities, shall not exceed the average cost of providing it, plus a reasonable profit." (b) Paragraph 8 is replaced by the following: "8. Where services listed in points 3 and 4 of Annex II, as additional and ancillary services are offered by only one supplier, the charge imposed for such a service shall not exceed the average cost of providing it, plus a reasonable profit."
Amendment 507 #
Proposal for a directive
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Directive 2012/34/EU
Article 31 - paragraphs 7 and 8
Article 31 - paragraphs 7 and 8
Article 31 is amended as follows: (a) Paragraph 7 is replaced by the following: "7. The charge imposed for track access within service facilities referred to in point 2 of Annex II, and the supply of services in such facilities, shall not exceed the average cost of providing it, plus a reasonable profit." (b) Paragraph 8 is replaced by the following: "8. Where services listed in points 3 and 4 of Annex II, as additional and ancillary services are offered by only one supplier, the charge imposed for such a service shall not exceed the average cost of providing it, plus a reasonable profit."
Amendment 510 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, it shall inform the infrastructure managers and, the regulatory bodies and, where appropriate, the allocation bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within five days.
Amendment 513 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, it shall inform the infrastructure managers and, the regulatory bodies concerned and, where appropriate, the allocation bodies no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within five days.
Amendment 517 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2012/34/EU
Article 54 – paragraph 1
Article 54 – paragraph 1
In Article 54 – paragraph 1 is replaced by the following: "1. In the event of disturbance to train movements caused by technical failure or accident, the infrastructure manager shall, under the direct supervision of the allocation body where appropriate, take all necessary steps to restore the situation to normal. To that end, it shall draw up a contingency plan listing the various other bodies to be informed in the event of serious incidents or serious disturbance to train movements."
Amendment 522 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
In Article 54, paragraph 1 is replaced by the following: "1. In the event of disturbance to train movements caused by technical failure or accident, the infrastructure manager shall, under the direct supervision of the allocation body where appropriate, take all necessary steps to restore the situation to normal. To that end, it shall draw up a contingency plan listing the various other bodies to be informed in the event of serious incidents or serious disturbance to train movements."
Amendment 524 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 1 - points ga and gb (new)
Article 56 – paragraph 1 - points ga and gb (new)
In Article 56, paragraph 1, the following points are added: (ga) scheduled maintenance work; (gb) unscheduled maintenance work.
Amendment 528 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 2
Article 56 – paragraph 2
In Article 56, paragraph 2 is replaced by the following: '2. Without prejudice to the powers of the national competition authorities for securing competition in the rail services markets, the regulatory body shall have the power to monitor the competitive situation in the rail services markets and shall in particular control points (a) to (i) of paragraph 1, on its own initiative and in advance, with a view to preventing discrimination against applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate against applicants. With regard to passenger transport by rail, compliance with Regulation (EC) 1370/2007 and the provisions of Article 10 and Article 11 of this directive shall be guaranteed by the regulatory body.'
Amendment 529 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 2
Article 56 – paragraph 2
Article 56, paragraph 2 is replaced by the following: "2. Without prejudice to the powers of the national competition authorities for securing competition in the rail services markets, the regulatory body shall have the power to monitor the competitive situation in the rail services markets and shall, in particular, control points (a) to (i) of paragraph 1 on its own initiative as well as upon specific requests, with a view to preventing discrimination against applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate against applicants.
Amendment 532 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 6
Article 56 – paragraph 6
Article 56, paragraph 6, is replaced by the following: "6. The regulatory body shall ensure that charges set by the infrastructure manager comply with Section 2 of Chapter IV and are non-discriminatory. The regulatory body shall also ensure that charges set by the infrastructure manager and by operators of service facilities for access, including track access, and for the use of passenger stations, their buildings and other facilities, including travel information display, are non- discriminatory and are proportionate to the level of their utilisation by the trains and passengers of the different railway undertakings concerned. In order to ensure that this is achieved, any planned change to the structure or the level of the charges referred to in this paragraph shall be communicated to the regulatory body no later than two months before its entry into force. The regulatory body may require any reduction or increase in the planned change, its deferral to a later date or its cancellation no later than one month before its entry into force. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body and in a fully transparent manner. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter."
Amendment 533 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 6
Article 56 – paragraph 6
Article 56, paragraph 6, is replaced by the following: "6. The regulatory body shall ensure that charges set by the infrastructure manager comply with Section 2 of Chapter IV and are non-discriminatory. The regulatory body shall also ensure that charges set by the infrastructure manager and by operators of service facilities for access, including track access, and for the use of passenger stations, their buildings and other facilities, including travel information display, are non- discriminatory and are proportionate to the level of their utilisation by the trains and passengers of the different railway undertakings concerned. In order to ensure that this is achieved, any planned change to the structure or the level of the charges referred to in this paragraph shall be communicated to the regulatory body no later than two months before its entry into force. The regulatory body may require any reduction or increase in the planned change, its deferral to a later date or its cancellation no later than one month before its entry into force. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body and in a fully transparent manner. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter."
Amendment 536 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 9 – subparagraph 3
Article 56 – paragraph 9 – subparagraph 3
In Article 56, paragraph 9, subparagraph 3 is replaced by the following: "In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require a specific modification of that decision, no later than two months after the appeal is received. The infrastructure manager shall comply as soon as is materially feasible, and in any case no later than one month after receiving notification of the request from the regulatory body".
Amendment 537 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraphe 9 - subparagraph 3
Article 56 – paragraphe 9 - subparagraph 3
In Article 56, paragraph 9, subparagraph 3 is replaced by the following: "In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require a specific modification of that decision, no later than two months after the appeal is received. The infrastructure manager shall comply as soon as is materially feasible, and in any case no later than one month after receiving notification of the request from the regulatory body".
Amendment 538 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 10
Article 56 – paragraph 10
In Article 56, paragraph 10 is replaced by the following: "10. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. The appeal may have suspensive effect on the decision of the regulatory body only when the immediate effect of the regulatory body's decision may cause irretrievable or manifestly excessive damages for the appellant or when any party can demonstrate that safety may be at stake. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable."
Amendment 540 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 10
Article 56 – paragraph 10
In Article 56, paragraph 10 is replaced by the following: "10. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. The appeal may have suspensive effect on the decision of the regulatory body only when the immediate effect of the regulatory body's decision may cause irretrievable or manifestly excessive damages for the appellant or when any party can demonstrate that safety may be at stake. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable."